Suggested citations
AGLC4 | 민사소송법 2015 [Civil Procedure Law of the Democratic People's Republic of Korea (2015)] [tr Daye Gang].
Bluebook | Minsasosongbeob 2015 [Civil Procedure Law of the Democratic People's Republic of Korea (2015)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on January 10, Juche 65 (1976), as Decision No. 18 of the Standing Committee of the Supreme People’s Assembly
Amended and supplemented on May 25, Juche 83 (1994), as Decision No. 47 of the Standing Committee of the Supreme People’s Assembly
Amended and supplemented on October 24, Juche 91 (2002), as Directive No. 3369 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on December 7, Juche 93 (2004), as Directive No. 808 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on October 25, Juche 94 (2005), as Directive No. 1326 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on March 20, Juche 96 (2007), as Directive No. 2161 of the Presidium of the Supreme People’s Assembly
Amended on April 28, Juche 98 (2009), as Directive No. 27 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on December 15, Juche 98 (2009), as Directive No. 520 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on December 23, Juche 104 (2015), as Directive No. 847 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF CIVIL PROCEDURE LAW
Article 1 (Objective of Civil Procedure Law)
The Civil Procedure Law of the Democratic People’s Republic of Korea shall serve to protect the rights and interests in civil actions of institutions, enterprises, organizations, and citizens through civil action activities.
Article 2 (Principle of combination of responsibility of court and initiative of parties to the lawsuit)
The State shall conduct civil action activities from the principle of correctly combining the responsibility of the courts with the initiative of the parties to the lawsuit.
Article 3 (Rights in parties to a civil suit and principle of guaranteeing conditions of acts in a lawsuit)
The State shall equally guarantee conditions required for parties to a civil action in rights during a lawsuit and acts in a lawsuit.
Article 4 (Principle of civil action activities being grounded in the people and public)
The State shall conduct civil action activities by being grounded in the people and public.
Article 5 (Principle of guaranteeing scientificity, objectivity, and caution in civil action activities)
The State shall assure scientificity, objectivity, and caution in civil action activities.
Article 6 (Subject of application of Civil Procedure Law)
The Civil Procedure Law of the Democratic People’s Republic of Korea shall be applied to dispute resolution related to the rights and interests in civil affairs raised between institutions, enterprises, organizations, and citizens of our country. This law shall also be applied to dispute resolution between institutions, enterprises, organizations, and citizens of our country and the institutions, enterprises, organizations, and individuals of other countries, or between institutions, enterprises, organizations, and individuals of other countries raised in a court of the Republic.
CHAPTER II. GENERAL REGULATIONS
Article 7 (Form of resolution of civil cases)
Issues raised related to civil cases shall be resolved by judgments and findings of the court.
Article 8 (Foundation of investigation and hearing of civil cases)
Investigations and hearings for civil cases shall be conducted based on lawsuits raised by parties to the lawsuit, by an interested party, or by Public Prosecutors.
Article 9 (Language of investigations and hearings of civil cases)
The investigations and hearings of civil cases shall be done in the Korean language. For people who do not know the Korean language, they shall get interpreters, and for people who cannot speak, they shall get a translator. Foreign nationals may write and submit documents related to cases in their language.
Article 10 (Public trials)
Trials of civil cases shall be public. For cases where there is a requirement to keep secrets of the State or citizens or cases that may exert a bad influence on society, the whole or part of the trial may be not made public. In cases where trials are not made public, the handing down of a judgment shall also be made public.
Article 11 (Prohibition on raising a retrial)
Parties to the lawsuit may raise another trial on the same subject and on the same basis after a judgment has been determined.
Article 12 (Acceptance of facts determined in a criminal trial)
In cases where a fact to be heard and reviewed in a civil trial has already been determined in a criminal trial, a court must accept it as is.
Article 13 (Conditions for not being able to participate in handling a civil case or doubling in lawsuit duties)
In cases where Judges, People’s Assessors, Public Prosecutors, judicial clerks, expert witnesses, and interpreters, themselves or a relative have an interest in the treatment and result of a given civil case, they may not participate in handling that case. Judges, People’s Assessors, Public Prosecutors, judicial clerks, witnesses, expert witnesses, and interpreters may not double up in each other’s duties in the investigation and hearing of the relevant case.
Article 14 (Conditions for not being able to be a member of the court that rehears the same case)
Judges and People’s Assessors who participated in the first instance court proceedings may not be members of the first instance court that rehears the case or of the appeal court.
Article 15 (Conditions for not being able to be members of the same court)
Judges and People’s Assessors who are each other’s relatives may not be the members of one court.
Article 16 (Application to change relevant person in a lawsuit)
In cases where there is a reason in Article 13 to Article 15 of this law, the parties to the lawsuit may apply to the court to change the Judge, People’s Assessor, Public Prosecutors, judicial clerks, or expert witnesses. The application must be done before the hearing on the facts is started in the court proceedings. In cases where a reason to change them arises or becomes known after the hearing on the facts has started, an application may also be made.
Article 17 (Treatment of applications to change a relevant person in a lawsuit)
In cases where there is a reason in Article 13 to Article 15 of this law, the court shall treat it like the following:
1. In cases where an application has been received to change Judges or People’s Assessors, it shall be resolved with a finding by the members of the court excluding the given Judge or People’s Assessor. In these cases, where even one person of the members of the court argues that there should be a change, he or she shall be changed.
2. In cases where an application has been received to change a Public Prosecutor, judicial clerk, expert witness, or interpreter, it shall be resolved by a finding.
Article 18 (Time limits to handle civil cases)
The court must handle first instance cases within 2 months of the day the civil case was received. However, in cases where the case is complex and serious, and it cannot be handled within 2 months, it may be prolonged for 1 month with the approval of the President of that court, and 1 month more with the approval of the President of a higher court. Appeals, emergency appeals, retrials, and judicial meeting cases must be handled within 1 month.
Article 19 (Calculation of period of lawsuit)
Periods of lawsuits shall be determined in years, months, and days, and shall be calculated from the day after the reason arises to calculate it. In cases where the period of the lawsuit is determined in days, it shall last until midnight of that day, and in cases where it is determined in months, it shall be considered to end on the same day as the day the reason arose to calculate the period of the lawsuit, and in cases where such a day does not exist it shall end after the last day of that month has passed. In cases where the end date of the period of lawsuit is a State holiday or a Sunday, it shall end after the passage of the first following work day.
Article 20 (Acceptance of lawsuit documents)
In cases when lawsuit documents, such as a notice of lawsuit or notice of appeal, have been sent before the time fixed by the law ends, it shall be determined that they were sent within that period. Even after the determined period has passed, in cases where there is a lawful reason, the court may increase that period.
Article 21 (Litigation costs)
Things such as State fees and postage stamp costs for document delivery are included in litigation costs.
Article 22 (Documents to be drafted in preparation for the trial or hearing)
Reports, judgments, and rulings shall be made in preparation for the trial at the trial.
CHAPTER III. PARTIES TO THE LAWSUIT
Article 23 (Qualifications of parties to the lawsuit)
Parties to the lawsuit can be institutions, enterprises, organizations, and citizens who have independent expense budgets or operate by self-financing. Institutions, enterprises, organizations and citizens who are parties to the lawsuit must lawfully exercise their rights during a lawsuit and must responsibly fulfil their duties.
Article 24 (Rights of parties to the lawsuit)
Parties to the lawsuit may participate in the trial and explain their argument and may make applications as required or state their opinions related to the resolution of a case. Parties to the lawsuit shall submit evidence required for the resolution of a case and may require its investigation, and may participate in the evidentiary investigation.
Article 25 (Abandonment of right of claim by plaintiff and change of its scope)
A plaintiff may abandon a raised claim or may change its scope, and parties to the lawsuit may reconcile with each other. In cases where the plaintiff is an institution, enterprise or organization, the foregoing paragraph shall not be applied.
Article 26 (Notification of change of domicile)
In cases where parties to the lawsuit have changed their domicile after the lawsuit has been raised, they must inform the court.
Article 27 (Substitution of parties to the lawsuit)
A court may change a party to the lawsuit to one that has the qualifications without dismissing the case in a lawsuit raised by a person who cannot be a plaintiff, or in a lawsuit against a person who cannot be a defendant. The party with the qualifications may be brought in as a plaintiff or defendant even in cases where the parties to the lawsuit do not consent.
Article 28 (Subject of raising lawsuit)
Lawsuit may be raised by one party or many parties against one party or many parties. Joint plaintiffs or defendants shall independently conduct acts in the lawsuit and may entrust acts in the lawsuit to a different joint plaintiff or defendant.
Article 29 (Raising lawsuit by a third party)
A third party that has an independent right of claim to the subject of the claim in a case that has been raised may raise a lawsuit according to the regulated process in Chapter VI of this law against those parties to the lawsuit and may participate in the trial. A third party shall have the rights in the lawsuit that the plaintiff has.
Article 30 (Participation by third party in a trial)
A third party who does not have an independent right of claim in the subject of the claim in a case that has been raised, but that has an interest in the outcome of the trial, may participate in the hearing of a case that has already been raised according to his or her own request or the application of the parties to the lawsuit, and the decision of the court. In these cases, the claim may not be abandoned, approved, or changed and there may be no reconciliation with the parties to the lawsuit, and he or she may not require the execution of the judgment or raise a counter-action.
Article 31 (Transfer of rights and duties during a lawsuit)
In cases where rights and duties in a civil action have been passed over to a third party by contract or a decision or direction of an institution with the authority after a lawsuit is raised, or a party to the lawsuit has died, the rights and duties in the civil action shall go to the new party to the lawsuit. In these cases, acts in the lawsuit that have already been conducted shall have legal effect as they are.
Article 32 (Methods of acts in a lawsuit)
Institutions, enterprises and organizations shall do acts in a lawsuit through a representative or legal representative. Citizens shall directly do acts in a lawsuit or through a legal representative. A person who does not have legal capacity shall do acts in the lawsuit through a parent or guardian.
Article 33 (Realization of legal representation)
A party who seeks to do an act in a lawsuit through a legal representative must give the legal representative a power of attorney. A legal representative who has taken on an act in the lawsuit must submit the power of attorney to the court. In cases where a party to the lawsuit entrusts an act in a lawsuit to a legal representative in the courtroom, the trial record that records that fact shall substitute the power of attorney.
Article 34 (Content of power of attorney)
In cases where a party to the lawsuit entrusts a legal representative with an act in a lawsuit to abandon or approve a claim or to reconcile with a party to the lawsuit and gives or receives money or goods, that content must be stated on the power of attorney.
Article 35 (Qualification of legal representatives in a lawsuit)
Legal representative in a lawsuit can be a lawyer, a person who has received the authorization of a party to the lawsuit, or an attorney. A person who has been deprived of the right to vote or a person who does not have legal capacity may not be a legal representative in a lawsuit.
CHAPTER IV. EVIDENCE
Article 36 (Means evidence)
Evidence can be things like the statements of the parties to the lawsuit, the statements of witnesses, documentary evidence, exhibits, analysis results, or verification results. Courts must handle civil cases based on scientific evidence.
Article 37 (Arguments of parties to the lawsuit and production of required evidence)
Parties to the lawsuit shall prove the facts they argue and must submit the required evidence to the court. In cases where it is accepted that the evidence is insufficient, the court may cause the parties to the lawsuit to further submit other evidence.
Article 38 (Collection of evidence by court)
The court may collect evidence required to correctly reveal the contents of the case.
Article 39 (Time for the parties to the lawsuit to produce evidence)
The parties to the lawsuit must submit evidence required for the resolution of the case before the trial starts. However, evidence of fundamental significance to the resolution of a case may also be submitted after the trial starts. For disadvantage that has arisen because a party to the lawsuit has not submitted evidence in time, has counterfeited evidence, or has not responded to the requirements of the court about submitting evidence without lawful reason, that party shall take responsibility for it.
Article 40 (Review of evidence)
Evidence submitted by the parties to the lawsuit or collected by the court must be objectively reviewed and confirmed at the hearing on the facts to become the foundation of a judgment and resolution.
Article 41 (Request to collect evidence)
In cases where there is a requirement to collect evidence outside of its jurisdictional area, a court may request it of the relevant court. The relevant court must collect and send the evidence within the period pointed out in the request documents.
Article 42 (Qualifications of witnesses)
Witnesses can be persons who know facts significant for and related to the given case. People who cannot correctly understand the relevant facts because of a bodily defect other than a state of mental illness or a person who cannot correctly express his or her wishes may not be witnesses.
Article 43 (Rights of witnesses)
Witnesses may directly write or orally submit the facts he or she knows, and in cases where an error has been recorded in the content of the statement, may require that it be corrected.
Article 44 (Duty of witness in making a statement)
Witnesses must tell the facts they know related to the given case as they are.
Article 45 (Summons of witness)
A witness who has received the summons of a court must go to the place pointed out in the summons at the right time. In cases where a witness has not responded to the summons of a court, a finding may be made to apprehend him or her. The implementation of a finding to apprehend shall be done by a people’s safety institutions.
Article 46 (Production of documentary evidence and exhibits)
Institutions, enterprises, organizations and citizens must submit documentary evidence or exhibits required by the court in time. In cases where the original of the documentary evidence cannot be submitted, a copy can be submitted. In these cases, a notarization must be received.
Article 47 (Request for analysis)
In cases where professional knowledge is required to reveal the content of the case, a court may request an analysis through a finding. The ruling that requests the analysis shall state the subject of the analysis, the content, and the period, and must point out the analysing institution or expert witness and his or her duties.
Article 48 (Analysing institution)
Analysis shall be requested from a specialist analysis institution. In cases where there is no specialist analysis institution, a person with State qualifications in the relevant sector or who has specialist knowledge may be requested to do the analysis.
Article 49 (Rights of expert witnesses)
Expert witnesses may request materials that will be of assistance to his or her analysis, and in cases where different specialist knowledge is required, may request that a relevant specialist worker be provided. Under the approval of a Judge, an expert witness may ask content required for the analysis to the parties to the lawsuit and to witnesses, and may participate in an inspection of the scene.
Article 50 (Duty of expert witnesses)
Expert witnesses shall correctly do the requested analysis, shall submit an analysis report to the court, and must participate in the trial according to the requirements of the court.
Article 51 (Re-analysis)
In cases where it is accepted that the analysis was not sufficient or in error, the court may make a finding to order the analysis again or to request an analysis from a different expert witness.
Article 52 (Application to preserve evidence)
Parties to the lawsuit may apply to the court to preserve as evidence things such as the statements of witnesses, documentary evidence, and exhibits as necessary before the trial starts. In these cases, where the application is properly appointed and is accepted, the court shall collect the evidence and make a report.
CHAPTER V. TRIAL JURISDICTION
Article 53 (Cases to resolve according to civil judicial process)
Cases to resolve with civil judicial processes are as follows.
1. Property dispute cases excluding cases where they are resolved by arbitration or administrative processes
2. Divorce cases
3. Cases related to a decision about the party to raise the children, child support expenses, claiming fees to support
4. Cases to confirm facts that have civil action rights and legal significance
5. Other cases determined to be resolved through civil judicial processes
Article 54 (Jurisdiction of court at each level)
The City (or District) or County People's Court shall conduct court proceedings for civil cases where city (or district) or county level institutions, enterprises and organizations and citizens within the jurisdictional area are parties. Province (or municipality directly under central authority) Courts shall conduct court proceedings for civil cases that are not included in the jurisdiction of the City (or District) or County People’s Court, or of the Special Court, and for civil cases where corporations of foreign countries or foreigners are the parties, and may directly conduct court proceedings for any case included in the jurisdiction of the City (or District) or County People’s Court in the province (or municipality directly under central authority), or may send it to a different City (or District) or County People’s Court. Civil cases where a corporation of a foreign country or a foreigner inside the Rason Economic and Trade Zone shall have court proceedings conducted by a court inside the zone. The highest court may, regardless of case, directly conduct court proceedings or may send it to a different province (or municipality directly under central authority) court or a City (or District) or County People's Court.
Article 55 (Jurisdiction in the court of the defendant’s domicile)
Court proceedings of civil cases shall be done by the court that has jurisdiction over the defendant’s domicile (location). Court proceedings conducted against different defendants who have different domiciles (locations) from each other shall be done by one court with jurisdiction over one defendant’s domicile (location).
Article 56 (Jurisdiction of court in plaintiff’s domicile)
The following cases shall be conducted in the court that has jurisdiction over the plaintiff’s domicile (location).
1. Property claim cases by institutions, enterprises and organizations against individual citizens
2. Child support expenses, claims for fees for support cases
3. Cases in claims for damage compensation related to things that have harmed health or endangered life
4. Cases raised by a mother who has a child under the age of 1 year or has many children
5. Cases raised against a person undergoing reform
6. Cases raised against a missing person
Article 57 (Jurisdiction by courts over place of legal acts, place of contract fulfilment)
Court proceedings for cases that have occurred because of the legal acts of institutions, enterprises or organizations shall be conducted by the court with jurisdiction over the place where the legal acts occurred or the place of contract fulfilment.
Article 58 (Trial jurisdiction over a real estate claim case)
Court proceedings for a case claiming real estate shall be conducted by the court that has jurisdiction over the place where that property is.
Article 59 (Trial jurisdiction over a case against a transportation institution)
Court proceedings for a case related to cargo transportation against a transportation instituted shall be conducted by the court with jurisdiction over the place where the cargo should arrive, or the place the cargo was posted from.
Article 60 (Trial jurisdiction for counter-actions and cases raised by a third party)
Court proceedings for cases where a party to the lawsuit has raised a counter-action or a case raised by a third party against the parties to the lawsuit shall be conducted by the court that has already started the hearing.
Article 61 (Transfer of control over case)
In cases where a court has received a case raised in violation of Article 55 to Article 59 of this law, the case must be handed over to the relevant court. Cases where the trial has started or where they have been received from a different court may not be handed over to a different court.
Article 62 (Transfer of control over case to jurisdiction of City (or District), County People's Court)
In cases where a City (or District), County People's Court accepts that it is rational to resolve a case included in its jurisdiction to a different court, the approval of the province (or municipality directly under central authority) court may be received to send to the given court. In cases where a case is sought to be sent to a court in a different province (or municipality directly under central authority), the approval of the highest court shall be received.
CHAPTER VI. RAISING A LAWSUIT
Article 63 (Person to raise a lawsuit)
Institutions, enterprises, organizations and citizens may raise a lawsuit in court to receive the protection of their civil action rights and interests. Public Prosecutors may raise a lawsuit in court to protect the interests of the State, society, and citizens.
Article 64 (Submission of notice of lawsuit)
A party seeking to raise a lawsuit must submit a notice of lawsuit to the court.
Article 65 (Acceptance of date lawsuit was raised)
A lawsuit shall be accepted as having been raised on the day the court received the notice of lawsuit submitted by a party. However, in cases where the notice of lawsuit was sent by post or confidential documents, it shall be accepted that the lawsuit was raised on the day it was sent. The same will be accepted even in cases where documents in the lawsuit besides the notice of lawsuit are sent by post or confidential documents, in the same way as when the notice of lawsuit is sent.
Article 66 (Content notice of lawsuit)
In the notice of lawsuit shall be written the name of the court, the names of the parties to the lawsuit, age, gender, position at work, and address, the content of the claim and the facts that form its basis, and the relevant evidence.
Article 67 (Documents attached to notice of lawsuit)
The following things shall be attached to a notice of lawsuit.
1. Copies of the notice of lawsuit for the number of defendants
2. In cases against a missing person, a certification document from the public notary office
3. In cases of a claim to divide property, the inventory of property
4. In cases where a legal representative raises a lawsuit, the power of attorney
5. Postage stamp required for the delivery of the documents
6. Certificate of payment of the State’s fees
Article 68 (Cases where State fees are not paid)
Lawsuits may be raised without paying State fees in the following cases.
1. Cases for decisions on the party to raise the children, child support expenses, claims to pay fees for support
2. Cases for damage compensation claims related to things that harmed health or endangered life
3. Cases for damage compensation claims incurred through a criminal act
4. Cases raised by the Public Prosecutors
Article 69 (Raising a counter-action)
A defendant may raise a counter-action against the plaintiff of a lawsuit that has been raised. A counter-action shall be raised according to the process in Article 64, Article 66 to Article 67 of this law until the trial starts. However, a counter-action may also be raised after the start of the trial depending on the case.
Article 70 (Review of notice of lawsuit, eradication of defects)
The court shall review the notice of lawsuit submitted by the plaintiff, and in cases where it does not have the requirements regulated in Article 66 to Article 67 of this law, it shall determine a required period for the plaintiff to fix the defective parts. In cases where the defective parts have been fixed within the determined period, it shall be considered that the lawsuit was raised on the first day the court received the notice of lawsuit. However, in cases where the defective parts of the notice of lawsuit have not been fixed within the determined period, the notice of lawsuit shall be returned.
Article 71 (Rejection of lawsuit)
In cases where a reason in Article 86 of this law exists in the content of a lawsuit raised in a court, the raising of that lawsuit shall be rejected.
Article 72 (Lodgement of opinion about rejection of lawsuit)
In cases where the court has not received the notice of lawsuit or rejected the raising of the lawsuit, if parties to the lawsuit have an opinion, they may raise an opinion within 10 days at a court one level higher. The court where the opinion has been raised must resolve it within 10 days of receiving it.
Article 73 (Merger or division of case)
A court may merge or separate the court proceedings of a case according to its nature upon its own decision or an application of the parties to the lawsuit.
CHAPTER VII. PREPARATION FOR THE TRIAL
Article 74 (Entity in charge of preparation for the trial)
Preparation for the trial shall be done to speedily and correctly handle civil cases. Preparation for the trial shall be done by the Judge that has taken on the case. In cases where the civil case is complex and significant, the approval of the President of the given court may be received in a finding to work with a different Judge in the preparation for the trial. In these cases, the Judge who has been brought in may not meet the parties to the lawsuit, request an analysis, or participate in inspections.
Article 75 (Delivery of copy of notice of lawsuit and defense)
A judge shall send a copy of the notice of lawsuit submitted by the plaintiff to the defendant within 2 days, and shall cause him or her to submit a defense within 3 days of the day the copy of the notice of lawsuit is received. A copy of the defense shall be sent to the plaintiff within 5 days of the day it is received. In cases where the defendant has not sent a defense within the designated time limit without lawful reason, the preparation for the trial and the hearing shall not be restricted.
Article 76 (Collection of evidence, resolution of procedural issues)
In the preparation of trial stage, a Judge shall collect evidence required for the resolution of a case and shall resolve procedural issues related to the handling of the case. In cases where a witness statement is received related to evidence collection, the Judge must inform the witness that he or she shall bear legal responsibility if he or she lies.
Article 77 (Face-to-face discussions with parties to the lawsuit)
A Judge may meet the parties to the lawsuit in preparation for the trial. In cases where a party to the lawsuit evades court proceedings or causes interference in the resolution of a case, the court may make a finding to apprehend him or her. The implementation of a finding to apprehend shall follow paragraph 3 of Article 45.
Article 78 (Request of analysis, field investigation)
A Judge shall request the required analysis during the preparation of trial stage and may conduct field investigations. However, he or she may not do an act of bringing the witnesses face-to-face and prove the factual circumstances.
Article 79 (Inspection of the scene)
A Judge may conduct an inspection of the scene during the preparation of trial stage. The parties to the lawsuit and persons relevant to the lawsuit may be caused to participate in the inspection of the scene, and two observers shall attend.
Article 80 (evidence collection, report of inspection of the scene의 draft)
In cases where a Judge has collected an exhibit or conducted an inspection of the scene, he or she must make a report. On the report must be written the state and characteristics at the time, and verification in the order of inspection, and things such as rough maps, photographs, and video recordings may be attached.
Article 81 (Holding property as collateral)
A Judge may hold the defendant’s property as collateral with a finding at any stage according to the application of a party to the lawsuit or his or her own decision, from the time the case was received until the time the judgment is handed down. Holding property as collateral shall be done in cases where it is accepted that the execution of the judgment cannot be guaranteed without the given property. The execution of findings to hold property as collateral shall be done by an executive officer of the given court.
Article 82 (Revocation or cancellation of holding property as collateral)
In cases where holding property as collateral is no longer required or if it is proven that it was in error, it shall be revoked or cancelled through a finding.
Article 83 (Suspension of preparation for the trial)
Preparation for the trial shall be suspended by a finding if the following reasons are raised.
1. In cases where a party to the lawsuit has died
2. In cases where an institution, enterprise or organization that is a party to the lawsuit is dissolved
3. In cases where the given case cannot be resolved until a case being handled according to court proceedings, arbitration or an administrative process has finished
4. In cases where there are special circumstances because of which acts in the lawsuit cannot be continued
Article 84 (Revocation of suspension of preparation for the trial)
In cases of paragraphs 1-2 of Article 83 of this law where the court has suspended preparation for the trial, and in cases of paragraphs 3-4 of Article 83 of this law where the reason to suspend preparation for the trial has disappeared, the court shall make a finding to continue preparation for the trial according to an application of the parties to the lawsuit or a decision of the court within 3 months, and shall continue that preparation.
Article 85 (Approval of lawsuit cancellation application)
In cases where the plaintiff abandons a claim or there is reconciliation between the parties to the lawsuit aan application has been raised to cancel a lawsuit, if it does not breach the law, a judge shall approve it with a finding.
Article 86 (Dismissal of case)
In the following cases, a case shall be dismissed with a finding.
1. In cases where it is a case to be treated with an arbitration or administrative process
2. In cases where it is a case with a final judgment, or finding
3. In cases where a person who cannot be a party to the lawsuit has become a plaintiff or defendant but he or she cannot be changed to a person with qualifications
4. In cases where a party to the lawsuit has died but his rights and duties cannot be passed on to different person
5. In cases where a Korean People’s Army or Korean People's Internal Security Forces soldier or officer is the defendant
6. In cases of a divorce case where the defendant is a woman who is pregnant or is raising a child that has not reached the age of 1 year
7. In cases of a divorce case that is brought within 1 year after a court judgment or finding related to a divorce has been determined
8. In cases where special circumstances for not being able to continue acts in the lawsuit have not disappeared even after 6 months have passed.
Article 87 (Appeal for a finding to dismiss a case)
A party to the lawsuit who has an opinion about a finding to dismiss a case at the preparation of trial stage may appeal it to a court one level higher within 10 days of the day the certified copy of the finding is received.
Article 88 (Drafting a ruling to hand over a case to trial)
When it is accepted that preparation for the trial has been sufficiently done, a judge shall make a finding to hand the case over to a trial. On the ruling shall be stated things like the trial date and place, witnesses to call at the trial, expert witnesses, and whether the trial will be public or in camera.
Article 89 (Notification of trial date and place)
A judge shall send the given case record to the Public Prosecutor 7 days before the trial starts, and must inform the Public Prosecutor, parties to the lawsuit, and other persons relevant to the lawsuit the trial date and place. A Public Prosecutor must send a case record to the court 2 days before a trial starts.
Article 90 (Method of notification related to acts in a lawsuit)
Courts shall do notifications related to acts in the lawsuit, including informing of the trial date, in writing, and shall give notifications and lawsuit documents directly to the person himself or herself or send it by post.
Article 91 (Drafting a trial preparation report)
A judge must make a report for acts done in preparation for the trial. In necessary cases, a judicial clerk may be caused to participate in the preparation for the trial to make a report.
CHAPTER VIII. TRIAL
Article 92 (Composition of the court)
Trials shall be done by courts composed of a presiding judge who is a judge, and two People’s Assessors. The hearing of divorce claim cases raised against a person with a disability in physical function, a missing person, or a person receiving reform through labour, and cases related to the execution or notarization of a judgment, finding, or foreign economic arbitration decision may be done by a judge alone. Judicial clerks shall participate in a trial.
Article 93 (Members of a trial for one case)
A trial of one case shall be done with the same members of the court. In cases where the members of the court have been changed during the trial, the trial shall be recommenced.
Article 94 (Participation of Public Prosecutors in a trial)
A Public Prosecutor shall participate in a trial. However, a trial may be done even in cases where a Public Prosecutor has not been able to participate.
Article 95 (Status of presiding judge)
A presiding judge shall conduct the activities of the trial and persons relevant to the lawsuit so that the truth of the case is correctly revealed, and shall control them to keep the order.
Article 96 (Start of trial)
A presiding judge shall announce that the trial is being started, and then shall confirm the parties to the lawsuit.
Article 97 (Hearing in absentia, dismissal of case)
In cases where one party between the defendant or the applicant has not participated in a trial even after being called and without a lawful reason, the trial may be done without the participation of one party of either the defendant or the applicant. In cases where a plaintiff has not participated in a trial after being called and without a lawful reason, the case shall be dismissed. In this case, the lawsuit may not be raised again.
Article 98 (Notification of rights and duties during a lawsuit)
The presiding judge shall inform the parties to the lawsuit of their rights and duties during a lawsuit.
Article 99 (Confirmation of participation of witnesses, expert witnesses, interpreters)
The presiding judge shall confirm the participation of witnesses, expert witnesses, and interpreters called to the trial. In cases where a witness or expert witness has not participated, the opinion of the Public Prosecutor and the parties to the lawsuit shall be sought and shall continue or adjourn the trial. In cases where an interpreter has not participated in the trial, it shall be adjourned.
Article 100 (Listening to the opinion of a person relevant to the lawsuit)
The presiding judge shall inform the persons relevant to the lawsuit of the members of the court, the Public Prosecutor, the judicial clerks, the expert witnesses, and the interpreters and then ask whether they have an opinion about changing them, and shall resolve issues that are raised.
Article 101 (Application for new evidence or different evidence)
A presiding judge shall ask the parties to the lawsuit whether there is an application to submit new evidence or call a different witness or whether there is another application, and in cases where something is raised shall resolve it.
Article 102 (Suspension of trial upon application of parties to the lawsuit)
In cases where a large time period is required to do things like collect new evidence upon the application of a party to the lawsuit, the trial shall be adjourned by a finding.
Article 103 (Start of hearing on the facts)
A presiding judge shall announce that the hearing on the facts will start, and then shall cause the plaintiff to state the facts they argue, and shall cause the defendant to give a response.
Article 104 (Decision on the order of hearing on the facts)
A court shall ask the opinion of the Public Prosecutor and shall determine the order of the hearing on the facts.
Article 105 (Order of questioning for parties to the lawsuit)
The questioning of parties to the lawsuit shall be done in the order of the presiding judge, the People’s Assessors, then the Public Prosecutor, and when that ends, shall cause the parties to the lawsuit to question each other. An expert witness may question the parties to the lawsuit with the approval of the presiding judge.
Article 106 (Questioning of witnesses)
The questioning of witnesses shall be done according to an order, one person at a time, by calling them into the courtroom. A presiding judge shall first confirm that the witness is indeed himself or herself, and what relationship he or she has with the parties to the lawsuit, and shall inform him or her that he or she shall bear legal responsibility if he or she lies, then shall cause him or her to state the facts he or she knows related to the case.
Article 107 (Questioning of witness by parties to the lawsuit)
After the witness finishes talking, a presiding judge shall first cause the party to the lawsuit who requested the questioning of the witness to question him or her, then shall cause the other party to question him or her. Another person relevant to the lawsuit may also question the witness with the approval of the presiding judge. The court may question a witness who has been questioned again in front of another witness or may bring witnesses face to face and question them.
Article 108 (Questioning of a minor witness)
In cases where a minor is questioned as a witness, the court shall cause a parent, guardian, teacher, or another guardian to attend.
Article 109 (Questioning of witnesses in cases where the trial has been adjourned)
In cases where the court adjourns the trial, it may question a witness who has attended and may not call him or her to the next trial.
Article 110 (Treatment of questioned witness)
A witness may not leave a designated place before the trial ends. A presiding judge may hear the opinion of a person relevant to the lawsuit as necessary and may send the questioned witness away even before the end of the trial.
Article 111 (Review of evidence collected and preserved)
In cases where the court has collected evidence according to Article 41 or Article 52 of this law, or questioned a witness, it must read and review that report during the hearing on the facts.
Article 112 (Suspension of questioning of witness)
In cases where the facts have been clearly revealed, the court shall ask the opinion of the parties to the lawsuit and the Public Prosecutor and may cease the questioning of the witness.
Article 113 (Questioning of expert witness)
The questioning of an expert witness shall be done using the method of first confirming his or her identity and causing him or her to state the analysis results, then by questioning.
A person relevant to the trial may question the expert witness with the approval of the presiding judge. In cases where an expert witness has not attended, the method of reading and reviewing the analysis report shall be used.
Article 114 (Request for analysis, re-analysis)
In cases where a need to do an analysis is raised during the process of the hearing on the facts, or there is a need to redo an analysis that has already been done, the court shall adjourn the trial and shall request an analysis by a finding.
Article 115 (Questioning on exhibits, documentary evidence)
Questioning for an exhibit and documentary evidence shall be done by submitting it to the courtroom, hearing the explanation from the given party, and questioning them.
Article 116 (Confirmation of inspection of the scene and evidence materials)
A presiding judge may inspect the scene or confirm the evidence materials by going to the scene according to an authorization during the trial process. In these cases, a report shall be made, and it must be reviewed at the trial hearing to be used as a foundation for a judgment or a finding.
Article 117 (Resolution of reasons that have appeared during the trial process)
In cases where a reason pointed out in Article 83, Article 85 or Article 86 in this law during the trial process has appeared, it shall be heard and the relevant finding shall be made.
Article 118 (Resolving issues in hearings of divorce cases)
In cases where a court hears a divorce case, the issue related to raising the children and the issue of dividing the family property must be resolved together. In cases where one of the divorcing parties requires support for a certain period, the issue of the duty to support by the other party must also be resolved.
Article 119 (Hearing of the question of paying litigation costs)
The court must hear the litigation costs and the question of their payment.
Article 120 (Supplementary questions by People’s Assessors, Public Prosecutors, parties to the lawsuit)
A presiding judge shall cause the People’s Assessors, Public Prosecutors, and parties to the lawsuit to ask supplementary questions.
Article 121 (Conclusion of hearing on the facts)
When it is accepted that the truth of the case has been revealed in totality, the presiding judge shall ask the parties to the lawsuit, the People’s Assessors and the Public Prosecutors whether they have an opinion about concluding the hearing on the facts, and shall agree with the People’s Assessors, then announce that the hearing on the facts is concluded.
Article 122 (Listening to the opinions of the parties to the lawsuit, Public Prosecutors)
After the hearing on the facts is concluded, the presiding judge shall give the parties to the lawsuit an opportunity to speak and shall cause the Public Prosecutor to state an opinion related to the resolution of a case. In cases where the parties to the lawsuit have raised a new fact that is of fundamental significance to the resolution of a case, the hearing on the facts shall be done again.
Article 123 (Notification of conclusion of trial, agreement to adopt a judgment)
When a trial ends, the presiding judge shall inform the persons relevant to the trial and shall go to the agreement room with the People’s Assessors to adopt the judgment.
Article 124 (Drafting trial record)
A judicial clerk shall make a trial report within 3 days of the day the court proceedings conclude with following content.
1. Trial date and name of the court
2. The names of the members of the court, the Public Prosecutor and the judicial clerk who participated in the trial
3. Name of the case
4. Place of trial, whether the trial was held in public or in camera
5. The name and basic status relationship of the parties to the lawsuit
6. All acts done by the accord according to trial procedures
7. Opinions raised and statements by persons relevant to the trial
8. Findings made by the court during the trial process
9. Final statements of the parties to the lawsuit
10. The opinion of the Public Prosecutor
Article 125 (Opinions on the trial record from the parties to the lawsuit, and the Public Prosecutor and their treatment)
The parties to the lawsuit and the Public Prosecutor may view the report within 5 days of the day after the drafting period for the trial record has passed, and in cases where a thing is missing from the report or there is an incorrect expression, may raise an opinion in writing to correct it. In cases where the opinion raised is correct, the presiding judge shall make a finding to cause the trial record to be corrected, and in cases where it is unreasonable, shall reject it with a finding with reasons attached.
CHAPTER IX. JUDGMENTS AND FINDINGS
Article 126 (Conditions for adopting a judgment)
The court shall adopt a judgment in conformity with the requirements of the law if it accepts that the truth of the case has been completely revealed based on scientific evidence that has been sufficiently reviewed and confirmed. Only the Judge and People’s Assessors who heard that case shall participate in the adoption of that judgment.
Article 127 (Issues to deliberate on and decide in adopting a judgment)
In cases where a court adopts a judgment, it shall deliberate on and decide the following issues.
1. Whether there is a basis to the claimed facts and response of the parties to the lawsuit.
2. Which laws and regulations shall be applied and how the claim shall be resolved.
3. How exhibits and property secured as collateral shall be treated.
4. What sanctions will be given to a person who has committed an unlawful act.
5. Who should pay litigation costs, and how much.
Article 128 (Method of adopting judgment)
The adoption of a judgment shall be done by the means of majority decision of the members of the court. A Judge or People’s Assessor who does not consent to the opinion of the majority may submit a written opinion. The written opinion shall not be read when the judgment is handed down.
Article 129 (Types of judgment)
A court shall hand down the following judgment.
1. A judgment approving the claim
2. A judgment rejecting the claim
Article 130 (Treatment of property secured as collateral, documentary evidence, and exhibit)
The court must correctly treat property secured as collateral, and must attach to a record or confiscate documentary evidence and exhibits that should not be returned to the owner, and must return the other things to the owners. In cases where an exhibit is to be returned to the owner, the basis document must be attached to the case record.
Article 131 (Resolution of issue of litigation costs)
A court shall resolve litigation costs like the following.
1. Litigation costs shall be paid by the defendant in cases where the claim of the plaintiff has been approved, and by the plaintiff in cases where it has been rejected.
2. In cases where a claim regulated by Article 68 of this law has been approved, State fees may be required to be paid by the defendant.
3. According to the request of the parties to the lawsuit, regardless of number 1, the plaintiff or the defendant may be required to pay a part or the whole of the litigation costs.
Article 132 (Date of adoption of judgment)
A judgment shall be handed down on the end date of the trial.
Article 133 (Content of judgment document)
The following content shall be stated in the judgment document.
1. Trial date and name of court
2. The names of the members of the court and the Public Prosecutor and judicial clerks who participated in the trial
3. The name of the case and the place of trial, whether the trial was held in public or in camera
4. The names and simple status relationship of the parties to the lawsuit
5. Facts claimed by the plaintiff and the response of the defendant
6. Facts and evidence admitted by the court
7. Laws and regulations relied on in the judgment
8. Conclusion about the approval or rejection of the claim
9. Outcomes for property secured as collateral and exhibits
10. Responsibility for payment of litigation costs
11. Execution method and process for appeal and complaint for judgment and findings
Article 134 (Handing down a judgment)
Judgment shall be handed down in the name of the Democratic People’s Republic of Korea.
Article 135 (Sanctions for unlawful acts discovered during the trial process)
A court may take measures to apply relevant sanctions during the trial process in cases where there is an unlawful act, including the social atmosphere has been sullied by a divorcing party and a person involved in a case has breached legal order and created discord within the family. In cases where relevant sanctions cannot be made because the divorcing party or the person involved in the case who did the unlawful act did not participate in the trial, a finding to apprehend shall be made, and in cases where a finding to apprehend cannot be executed for an inevitable reason such as absconding, the materials on the illegality shall be handed over to the relevant people’s safety institutions for treatment.
Article 136 (Subjects to be adopted as a finding)
In cases of the following, they shall be resolved as a finding.
1. In cases where a case is transferred or a party to the lawsuit is changed
2. In cases where a Judge resolves a case alone or concludes the treatment of the case at the preparation of trial stage
3. In cases where an issue with the trial process is resolved
4. In cases where an application of a person relevant to the trial is resolved
5. In cases where sanctions are applied for an unlawful act discovered during the trial process
6. In cases where an application to execute an arbitral award from a foreign economic arbitral organ is resolved
Article 137 (Process of adopting findings)
The adoption of a finding shall follow the adoption process of a judgment. A finding that treats a simple issue related to the trial process shall be done by the method of writing it into the trial record.
Article 138 (Prohibition on cancellation and change of court of first instance judgment or findings)
A court of first instance may not cancel a judgment or a finding that has already been handed down. However, a finding under Article 136 number 4 of this law or a final judgment or finding handed down related to a decision of the party to raise the children, child support expenses, or support fees may be fixed.
Article 139 (Appeal or complaint about court of first instance judgment or finding)
A party to the lawsuit, a person who has received legal sanctions in the court proceedings, or a Public Prosecutor may make an appeal or complaint if they have an opinion about a judgment or finding of the court of first instance. If an appeal or complaint is raised, that judgment or finding shall not be executed. No appeal or complaint can be made for a judgment or finding of the highest court.
Article 140 (Appeal, complaint period)
An appeal or complaint shall be made within 10 days from the day the certified copy of the judgment document or ruling is received. A certified copy of the judgment document or ruling shall be given to the parties to the lawsuit, any person who has received a legal sanction, and the Public Prosecutor within 2 days of the day the judgment or finding was handed down. In cases where a dispute is raised related to the right of use of a home that is property of the state between the parties to a divorce, the court shall state an opinion on the certified copy of the judgment and send it to the relevant people’s political institution.
Article 141 (Appeal, complaint process)
A party to the lawsuit, a person who has received a legal sanction in the court proceedings, or a Public Prosecutor seeking to make an appeal or complaint must submit a notice of appeal or a letter of complaint to the court of first instance that handed down the judgment or findings. On the notice of appeal or letter of complaint must be written the reason for and requests of the appeal or complaint, and may also show materials that were not able to be submitted to the court of first instance. A State fee certificate of payment shall be attached to the notice of appeal.
Article 142 (Treatment of notice of appeal, letter of complaint)
A court of first instance must send notices of appeal or letters of complaint with the relevant case record to a court one level higher within 5 days of the passing of the appeal, complaint period.
Article 143 (Cancellation of complaint)
A Public Prosecutor at a Public Prosecutor’s Office one level higher that accepts that the complaint of the Public Prosecutors is unreasonable may cancel that complaint.
Article 144 (Cancellation of appeal)
A party to the lawsuit that has appealed the judgment or findings of the court of first instance may cancel it until the appeal court proceedings start.
Article 145 (Finalization of judgment)
A judgment shall be confirmed in the following cases.
1. In cases where the period has passed without appeal or complaint
2. In cases where there was an appeal or complaint but the appeal court upheld the judgment of the court of first instance
3. In cases where a judgment that cannot be appealed or complained against has been handed down
CHAPTER X. APPEAL COURT PROCEEDINGS
Article 146 (Duty of appeal court proceedings)
Appeal court proceedings shall overall review whether the judgment or findings of the court of first instance conform to the requirements of the law and are founded in scientific evidence based on the appeal and complaint materials and the case record, and shall correct things in error.
Article 147 (Composition of appeal court)
Appeal court proceedings shall be done by a court composed of three Judges. The parties to the lawsuit, people who have received legal sanctions in court proceedings, and Public Prosecutors shall participate in appeal court proceedings. However, a trial may be held even in cases where parties to the lawsuit, or persons who have received legal sanctions in court proceedings, or Public Prosecutors have not participated. The Public Prosecutors, parties to the lawsuit, and persons who have received legal sanctions in court proceedings shall be informed of the trial date at least 3 days before the appeal court proceedings start.
Article 148 (Appeal process)
In an appeal court proceedings, the method shall be for the Judges to report on the case and review the content raised, then hear the opinions of the parties to the lawsuit, persons who have legal sanctions and court proceedings, and of the Public Prosecutor.
Article 149 (Questions to parties to the lawsuit, prohibition on hearing on the facts)
Appeal courts and Public Prosecutors may ask questions of the parties to the lawsuit and persons who have received legal sanctions in the court proceedings founded on the first instance trial record and the appeal or complaint materials submitted. However, a hearing on the facts about the case cannot be done.
Article 150 (Support for judgment or findings of court of first instance)
If an appeal court accepts that a judgment or finding of the court of first instance has been correctly handed down, it shall support it and make a finding to reject the appeal or complaint.
Article 151 (Amendment of judgment or findings of court of first instance)
In cases where a court of first instance has clearly revealed the factual circumstances to the state that there is no requirement to collect more evidence or investigate more, but has not correctly handed down a judgment or a finding, the appeal court may correct it.
Article 152 (Return of case)
In the following cases, the appeal court shall cancel the judgment or findings of the court of first instance and shall make a finding to rehear the case and send it to the preparation of trial stage or trial stage of the court of first instance.
1. In cases where the law has been violated in the composition of the court
2. In cases where a fact of fundamental significance has not been revealed in the resolution of a case
3. In cases where evidence has not been investigated and reviewed or has been founded on a fact that not been revealed during the trial
4. In cases where the case has been handled without assuring the parties to the lawsuit of their rights during a lawsuit or where the case has been handled with a person who cannot become a party to a lawsuit as a plaintiff or defendant.
Article 153 (Cancellation of judgment or finding of court of first instance, dismissal of case)
In cases where an appeal court has discovered a reason in Article 86 of this law during the trial process, it shall cancel the judgment or finding of the court of first instance and shall make a finding to dismiss the case.
Article 154 (Resolving deficiencies of judgment or finding of the court of first instance)
Even in cases where an appeal court does not cancel the judgment or findings of a court of first instance, it may separately make a finding pointing out the deficiencies in the first instance court proceedings.
Article 155 (Prohibition on appeal or complaint from finding of appeal court)
There may be no appeal or complaint from the findings of an appeal court.
CHAPTER XI. EMERGENCY APPEAL
Article 156 (Subject of emergency appeal)
In cases where a final judgment or finding has violated the requirements of the law, correcting it shall be done through the process of emergency appeal.
Article 157 (Reason for raising emergency appeal)
An emergency appeal may be done at any time in cases where it appears the law has been fundamentally violated on the case record.
Article 158 (Person to raise emergency appeal)
An emergency appeal shall be raised by the President of the highest court or by the Prosecutor General of the Supreme Public Prosecutors Office to the highest court.
Article 159 (Authority of person to raise emergency appeal)
The President of the highest court or the Prosecutor General of the Supreme Public Prosecutors Office shall require records regardless of which court handled the case to raise the emergency appeal and may suspend the execution of the judgment or finding of that case. The execution of the judgment or finding of the highest court may not be suspended.
Article 160 (Requirement of case record to raise an emergency appeal)
The court and the Public Prosecutor’s Office may require case records handled within their jurisdictions to apply to raise an emergency appeal. In cases where a reason to raise an emergency appeal has been discovered in the case record, the relevant opinion shall be attached and sent to the President of the highest court or to the Chief Prosecutor of the Supreme Public Prosecutors Office, and in cases where a reason has not been discovered, the case record shall be returned to the given court.
Article 161 (Application to raise emergency appeal)
The parties to the lawsuit and a person with an interest in the resolution of a case may apply to the given court or the Public Prosecutor’s Office to raise an emergency appeal.
Article 162 (Composition of court hearing the emergency appeal case)
Emergency appeal cases for judgments and findings for all courts besides the highest court shall be in a court composed of three Judges of the Supreme Court, and emergency appeal cases for judgments or findings of the highest court shall be heard and resolved at a judicial meeting of the highest court.
Article 163 (Judicial meeting of the highest court)
A judicial meeting of the highest court shall be composed of the President, the Vice-President, and the Judges of the highest court. A judicial meeting shall be valid only if more than two-thirds of all members participate, and the finding shall be adopted by majority decision of the participating members. The execution of a judicial meeting shall be done by the President of the highest court.
Article 164 (Participation of Public Prosecutors in emergency appeal case hearing)
The Chief Prosecutor of the Supreme Public Prosecutors Office shall participate in the judicial meeting of the highest court. A Public Prosecutor of the Supreme Public Prosecutor’s Office shall participate in the hearing of an emergency appeal case of a court composed of three Judges of the highest court. The Supreme Public Prosecutors Office shall be informed of the hearing date of the emergency appeal case three days before.
Article 165 (Hearing and treatment of emergency appeal case)
The hearing of an emergency appeal case shall be done using the method of making a report on the case, reviewing the materials raised, then hearing the opinion of the Chief Prosecutor of the Supreme Public Prosecutor’s Office or of the Public Prosecutor. An emergency appeal case shall be resolved by a finding. A highest court that has heard an emergency appeal case shall handle civil affairs cases according to Article 150 to Article 154 of this law.
Article 166 (Treatment of executed property)
In cases where a final judgment or finding has been changed or cancelled upon an emergency appeal, the highest court must resolve the issue of treating executed property.
CHAPTER XII. RETRIAL
Article 167 (Reason for raising retrial)
A retrial shall be done to correct a final judgment or finding in cases where the following new facts have appeared.
1. In cases where evidence that was the foundation of a judgment or finding is proven to have been a falsehood
2. In cases where a fact that can influence the judgment or finding becomes known after the court proceedings end
3. In cases where it is proven that the parties to the lawsuit or members of the court did an unlawful act that can influence the resolution of a case
4. In cases where it is proven that the judgment or finding was based on a judgment, finding, or a decision or direction of a State organ that was already cancelled.
Article 168 (Person to raise a retrial)
A retrial shall be raised by a President of the highest court or the Chief Prosecutor of the Supreme Public Prosecutors Office to the highest court.
Article 169 (Retrial application of court and Public Prosecutor’s Office)
In required cases, a court and a Public Prosecutor’s Office may apply to raise a retrial. An application to raise a retrial shall be done at the court or Public Prosecutor’s Office one level higher.
Article 170 (Retrial application of parties to the lawsuit or third party)
A party to the lawsuit or a third party with an interest may apply to the relevant court or Public Prosecutor’s Office to raise a retrial. An application to raise a retrial shall be done within 3 months of the day the relevant reason becomes known, and evidence materials must be attached to the application document.
Article 171 (Investigation and handling of retrial application)
A court or Public Prosecutor’s Office that receives an application to raise a retrial shall do the required investigation within 1 month and in cases where the reason is justified, the relevant opinion shall be attached and sent to the highest court or the Supreme Public Prosecutors Office, and in cases where it is unreasonable, shall reject it with a finding or decision.
Article 172 (Composition of retrial court)
A retrial case shall be heard and resolved by a court composed of 3 Judges of the highest court. A Public Prosecutor from the Supreme Public Prosecutors Office shall participate in the hearing of the retrial case. The highest court shall inform the Supreme Public Prosecutors Office of the hearing date of the retrial case 3 days before.
Article 173 (Hearing process for retrial case)
The hearing of a retrial case shall be done by the method of reporting on the case and reviewing the reasons for raising the retrial, then hearing the opinion of the Public Prosecutor from the Supreme Public Prosecutors Office.
Article 174 (Treatment of retrial case)
In cases where the reason for raising the retrial is proper, the highest court that has heard the retrial case shall cancel the final judgment or finding and shall send the case to the court of first instance to rehear it or shall dismiss the case directly. In cases where it is accepted that raising the retrial is unreasonable, it shall be rejected.
CHAPTER XII. EXECUTION OF JUDGMENTS AND FINDINGS
Article 175 (Time for executing judgments and findings)
The execution of a judgment or finding shall be done by the court executive officer after it is determined. Institutions, enterprises, organizations and citizens shall comply with the requirements of the executive officer to execute the judgment or finding. In cases where the execution of the judgment or finding is interfered with or defied, the executive officer may request a guarantee to execute the judgment or finding from the people’s safety institution.
Article 176 (Issue and treatment of of execution document)
When a judgment or finding for a property claim has been finalized, a Judge of the court that has handed down that judgment or finding shall issue an execution document by his or her decision or upon the application of the parties to the lawsuit or the Public Prosecutor. An application regarding issues in the execution document must be done within 2 months of the day the judgment or finding is determined. An executive officer must handle the execution document within 1 month of receiving it.
Article 177 (Participating in property execution of obligor)
In cases where an act of execution is done, an executive officer shall inform the Public Prosecutor within 3 days and must cause the obligor to participate. The obligor may comment on the property to be executed.
Article 178 (Property execution of institutions, enterprises and organizations)
The execution of property of institutions, enterprises and organizations shall be done through the relevant bank. The relevant bank shall execute within 10 days of the day the execution document is received, and must inform the executive officer about it. In cases where institutions, enterprises and organizations do not fulfil their debt within 1 month of the day the execution document is received, the court may freeze the accounts of that institution, enterprise or organization with a finding until the debt is fulfilled.
Article 179 (Suspension of execution)
A judge may suspend execution for a given period in the following cases.
1. In cases where the person to pay the debt has circumstances that have to be taken into consideration
2. In cases where parties to the lawsuit are citizens and have applied for the suspension of execution by agreement
3. In cases where there is no property and execution cannot be done
Article 180 (Handling of executed property, drafting execution report)
An executive officer shall hand over the executed property according to the relevant process to the obligee after the execution has ended, and must give the Judge an execution report.
Article 181 (Dismissal of execution case)
A court shall dismiss an execution case in the following cases.
1. In cases where the judgment or finding that is the foundation of the execution document has been cancelled
2. In cases where an application for execution is made after the designated period has passed
3. In cases where an application for execution has been abandoned by the parties to the lawsuit who are citizens
Article 182 (Lodgement of opinion and treatment about act of execution)
A party to the lawsuit or a third party with an interest that has an opinion about the acts of execution of an executive officer may raise an opinion at the court to which the executive officer is affiliated. A court that has received the raised opinion shall cause the applicant to participate within 15 days and must hear and resolve it. A party to the lawsuit that has an opinion on a finding of the court may appeal it to a court one level higher.
Last updated 6 September 2020